It's almost as though Republicans are tired of having President Trump's evidence-free allegations laid at their feet. Almost.

Late Monday, a spokesman for House Intelligence Committee Chairman Devin Nunes (R-Calif.) threatened to subpoena the Trump administration to produce evidence of Trump's claim that President Barack Obama wiretapped Trump Tower during the campaign. The White House has declined to produce this evidence publicly, offering various excuses, including the Constitution's separation of powers and — most recently on Monday — arguing that Trump wasn't speaking literally when he made the claim.

“If the committee does not receive a response, the committee will ask for this information during the March 20 hearing and may resort to a compulsory process if our questions continue to go unanswered,” Nunes spokesman Jack Langer said.

Then, on Tuesday, Sen. Lindsey O. Graham (R-S.C.) made his own threat. Last week, Graham — who is clearly skeptical of the wiretapping claim and chairs a subcommittee looking into it — asked the Justice Department and the FBI to provide copies of any warrants or court orders related to the alleged wiretapping. Having not received anything, Graham said Tuesday that he would announce his next steps Wednesday and may push for a special committee.

“They're about to screw up big time if they keep running to the intel committee and not answer that letter,” Graham said, according to CBS's Alan He. He added: “If they don't honor this request and give us an answer, then I would say that we need a joint select committee because regular order is not working.”

View image on TwitterView image on Twitter Follow Alan He ✔ @alanheSenator Graham warns that the FBI is "about to screw up big time" by not responding to the letter from his subcommittee re: Trump wiretaps.11:57 AM - 14 Mar 2017 992 992 Retweets 1,148 1,148 likesIt's clear as day what's going on here.

The White House's reactions to Trump's evidence-free claims — be it this one or the one about millions of illegal votes in 2016 — is to call for investigations. That has the triple benefit of putting the onus on someone else to look into it, to buy some time and hope people forget that the president is making such wild allegations, and in this case to give themselves an excuse to clam up. The White House initially said that it wouldn't comment on Trump's wiretapping claim while it was being investigated, and then it said it couldn't provide evidence because of separation of powers — another claim that strained credulity.

But that also puts Republicans such as Nunes and Graham in the position of having to account for these claims — and calling on Trump and his team to put up or shut up. By pushing the administration to produce evidence — or else — they are effectively putting the ball back in the executive branch's court. The subtext: You can't just make these claims and then ask us to deal with the fallout.

Nunes in particular has faced some very tough questions from reporters, and he must feel as though he's being hung out to dry. Graham's angle is slightly different, in that he clearly doesn't think Trump's claim is accurate and wants to prove it. “If there is no warrant, then we’ll have solved this problem: There was no wiretapping,” he said this week.

In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government to access information and personnel relating to the executive branch. The concept of executive privilege is not mentioned explicitly in the United States Constitution, but the Supreme Court of the United States ruled it to be an element of the separation of powers doctrine and derived from the supremacy of executive branch in its own area of Constitutional activity.[1]

The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon, but only to the extent of confirming that there is a qualified privilege. Once invoked, a presumption of privilege is established, requiring the Prosecutor to make a "sufficient showing" that the "Presidential material" is "essential to the justice of the case" (418 U.S. at 713-14). Chief Justice Burger further stated that executive privilege would most effectively apply when the oversight of the executive would impair that branch's national security concerns.